Married for 3 and half yearsin US, but all time leaving in CZ

[Zlatko.Popov 0]

Hi all,

We are married couple, I am Macedonian, and my wife is American. We got married Sep 2011 in US, but we are living in Czech Republic all the time. Meanwhile we had a baby who is American, and now because of him, we are thinking of moving to Colorado.

What is better way, to apply from outside or once I get to US? I have tourist visa at the moment.

Also, my question would be (in case we apply once we get to US), can I work meanwhile? While they are processing my application? I am thinking this might be long and not being able to work for long period can have financial impact.

I read the threads, btu didnt find any answer for couples with my case.

Thank you all for the insights,

[Happytobe 164]

You need to apply for a spouse visa.

[Ryan H 3,790]

***One post violating the below quoted provision of the TOS removed.***

By way of example, and not as a limitation, you agree that when using the Service, you will not:

• Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

**Moderator hat off**

OP, at this point in time, your only option is the spousal visa process. A tourist visa is not for immigrating, using a tourist visa with intent to immigrate is fraud.

Edited April 5, 2015 by Ryan H

[aaron2020 11,651]

***One post violating the below quoted provision of the TOS removed.***

**Moderator hat off**

OP, at this point in time, your only option is the spousal visa process. A tourist visa is not for immigrating, using a tourist visa with intent to immigrate is fraud.

How is it condoning or advising the OP what to do when all I did was give them the law?

I told them it was visa fraud to use an tourist visa with the intent to immigrate.

I told them to look up the consequences of doing that.

Can't tell them about Matter of Battista and Matter of Cavazos? Can't tell them about the law?

What is wrong with telling someone not to do something and give them the consequences of doing it?

Should I only post laws that you agree with?

Edited April 5, 2015 by aaron2020

[Penguin_ie 5,985]

How is it condoning or advising the OP what to do when all I did was give them the law?

I told them it was visa fraud to use an tourist visa with the intent to immigrate.

I told them to look up the consequences of doing that.

Can't tell them about Matter of Battista and Matter of Cavazos? Can't tell them about the law?

What is wrong with telling someone not to do something and give them the consequences of doing it?

Should I only post laws that you agree with?

****** This post is for helping the Op and advising them of their case. Visajourney does not advocate, condone, or advice on illegal immigration activity in any way,and the moderating action was correct. The moderating of AOS from other Visas can be discussed further here, should such feel needed: http://www.visajourney.com/forums/topic/543551-q-for-moderators-why-do-you-treat-posters-differently/?p=7558750 *******

[Zlatko.Popov 0]

Sorry for confusion I might have created. the reason why I stated I have the tourist viza is maybe that can be a way to enter US and then start a procedure from inside US? I do not plan on immigrating with this visa and that is why I joined, I have absolutely no idea what should be my first step?

A) If I apply from abroad, I guess I dont need spouse viza. But I heard this process takes longer than applying once you are in US

B) Apply for any type of viza (spouse, or whatever is called and than get in US and start the procedure.

What are your opinions on this?

Thanks again,

[Ryan H 3,790]

A) If I apply from abroad, I guess I dont need spouse viza. But I heard this process takes longer than applying once you are in US

B) Apply for any type of viza (spouse, or whatever is called and than get in US and start the procedure.

Answers:

• A) Your wife (the US Citizen) must first file a petition (form I-130). That can be done at anytime, even if she is living abroad. At this moment in time, USCIS is automatically expediting petitions filed by US Citizens living abroad in a country that does not have a USCIS field office. However, this is unofficial and can change at any time (USCIS also officially denies such a queue exists).
• B) Absolute non-starter. You don't apply for any kind of visa or use the tourist visa you currently have with intent to immigrate, this is visa fraud and it's illegal.

**Moderator hat on**

***Per the VJ Terms of Service, there will be no discussion on the Adjustment of Status process in this thread. The OP lives abroad and must obtain the appropriate visa before moving to the US. Administrative Action will be applied for posts that are made in violation of the TOS.***

[Zlatko.Popov 0]

Thanks Ryan,

How do we prove acceptable income without W2? As we are both working for foreign companies for the last 6-7 years? Also, can my wife`s mom or sister help here?

Thanks again

[Penguin_ie 5,985]

Your income won't count as it is abroad, and will stop when you immigrate to the USA.

Yes, your family (or any US based US citizen or greencard holder) can help by co-sponsoring; they would fill in the same I-864 as the US citizen spouse.